Designed to provide for:

Arranged to:

A development proposal subject to site plan review as provided in Article IV, § 525-20, shall show and detail all design features for a Town road, private road and/or internal drive sufficient to document compliance with the intent of this section and the Standard for Road Construction in the Town of Southport.

A traffic study or analysis may be required to support design considerations and/or to validate the mitigation of any traffic impacts associated with a development.

Required vehicle parking for residential uses may be provided by on-road parking, where permitted.

For nonresidential uses, such spaces shall be provided on the same lot or not more than 400 feet therefrom, provided that the criteria in § 525-71 are met.

Vehicles and equipment for display or for sale shall not be parked or stored within 25 feet of a road right-of-way.

Where such parking is situated adjacent to a residential use, it shall be set back a minimum of 10 feet from the residential lot line, and an adequate landscape buffer in conformance with § 525-111 shall be provided within such setback area.

Determine the minimum amount of parking spaces required for each land use as though it were a separate use.

Using the table below, determine the number of spaces needed by each use for each of the four time periods by multiplying the parking required for each use by the corresponding percentage of use for that time period.

Calculate the total number of spaces needed for all uses for each time period.

The time period with the highest number of parking spaces required for the sum of all uses shall be the number of parking spaces required.

Shared parking table.

List the names and ownership interest of all parties to the agreement and contain the signatures of those parties;

Provide a legal description of the land;

Include a site plan showing the area of the parking parcel;

Describe the area of the parking parcel and designate and reserve it for shared parking unencumbered by any conditions which would interfere with its use;

Agree and expressly declare the intent for the covenant to run with the land and bind all parties and all successors in interest to the covenant;

Assure the continued availability of the spaces for joint use and provide assurance that all spaces will be usable without charge to all participating uses; and

Describe the method by which the covenant shall, if necessary, be revised.

Accessory structures must comply with the dimensional requirements for the district in which they are located.

No accessory structure shall be closer to a principal or other accessory structure than six feet or a distance equal to the height of the accessory building, whichever is greater.

No accessory structures shall be located between the principal building line and the street, unless said accessory structure is located more than 200 feet from the public right-of-way or meets the following exceptions:

Accessory structures larger than 1,500 square feet of gross floor area which are associated with nonagricultural uses or accessory structures which are associated with nonagricultural uses that increase the sum of the gross floor area of the existing and the proposed accessory structures to 1,500 square feet or more are subject to site plan review.

The minimum accessory structure and building setback requirements as set forth in dimensional requirements for the zone in which it is located may be reduced under the following conditions, unless otherwise stipulated in Chapter 245 of this Code:

The minimum accessory structure and building setback requirements as set forth in dimensional requirements for the proposed accessory building may be reduced, unless otherwise stipulated in Chapter 245 of this Code, to a minimum distance that is the average of:

Awning: a sign painted, printed, affixed or displayed on an awning attached to an exterior surface of a building containing a general, business or industrial use listed in Article IV, § 525-20.

Facade: a sign painted on, inscribed on or attached to an exterior surface of a building containing a general, business or industrial use or accessory use associated with the general, business or industrial use listed in § 525-20 and without having any portion thereof extending more than eight inches from the building surface.

Projecting: a sign attached to and having any portion thereof extending more than eight inches from the surface of a building containing a general, business or industrial use listed in § 525-20.

Representational: any three-dimensional principal use sign, which is either a projecting or freestanding sign and constructed to physically represent the object advertised.

Farm: a sign, not illuminated, used to identify a farm, ranch, stable, or other agricultural use.

Freestanding: a sign supported by a structure independent of a building and installed on a lot containing a general, business or industrial use listed in § 525-20.

Directory: a sign that contains the names of principal uses in a mall.

Residential: a sign not illuminated and identifying the name of the owner or occupant of or fanciful name of a residential lot or property.

Real estate: a temporary sign not illuminated and used to offer or advertise a lot or real property for sale or lease.

Mall: a sign installed on a lot or building of a mall and used to identify or landmark the name of the mall. Such sign shall be a facade, freestanding or awning sign.

Monument: a sign, not illuminated, installed on a lot in an approved residential subdivision, alternative dwelling park, or multiunit dwelling development, used to memorialize or landmark the name of the development.

Window: a sign or group of signs painted, printed, or otherwise displayed on a window of a building containing a general, business or industrial use listed in § 525-20.

Directional: a sign only indicating direction or calling attention to vehicular or pedestrian traffic entrances by displaying arrows or directional words.

Mandated: any sign required by a federal, New York State, Chemung County or local law or rule.

Memorial: a nonilluminated sign authorized by the Town Board, Chemung County Legislature, or the governor or legislature of the State of New York to honor or identify a person, organization or place of local or regional historic interest or importance.

Portable: a sign that is temporary and not permanently affixed to the ground or structure and capable of being transported or removed from a lot.

Real estate: a temporary sign not illuminated and used to offer or advertise a lot or real property for sale or lease.

Sandwich board: a two-sided A-frame, temporary sign not illuminated and placed on and without any physical attachment to the ground.

Service: a sign, not illuminated, that directs travelers to essential services, such as gas, food and lodging or a hospital, and installed in a right-of-way, under the jurisdiction of a government authority.

Construction: a temporary sign not illuminated and used on property under construction to denote a contractor, design engineer and/or developer or development.

Poster: a temporary sign not illuminated and used to advertise a not-for-profit community event or show, political candidate or issue and/or an election.

Civic: a sign used to identify a civic or religious organization, place of worship, social or membership club or an educational institution and which may be installed in a right-of-way under the jurisdiction of a government authority.

Community promotion: a sign designed to promote the Town of Southport and welcome visitors to the Town.

Occupation: a sign not illuminated and used to identify an approved home occupation or cottage industry.

Roadside stand: a temporary sign not illuminated and used to identify a roadside stand.

Awning: a sign painted, printed, affixed or displayed on an awning attached to an exterior surface of a building containing a general, business or industrial use listed in § 525-20.

Facade: a sign painted on, inscribed on or attached to an exterior surface of a building containing a general, business or industrial use listed in § 525-20 and without having any portion thereof extending more than eight inches from the building surface.

Window: a sign or group of signs painted, printed, or otherwise displayed on a window of a building containing a general, business or industrial use listed in § 525-20.

The installation of a sign, except for a residential, occupation, farm, poster and window sign, and as provided in § 525-93, requires a building permit.

No sign shall be located at or near an intersection in violation of § 525-99, clear vision zone requirements, or in any manner which may cause a traffic hazard at the intersection. A sign shall not be located where, by reason of the position, shape, or color of the sign, it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device, nor shall any sign make use of the word "stop," "look," "drive-in," "left," or "right" or any other word, phrase, symbol, or character in such a manner as to distract, mislead or confuse traffic.

No sign shall be placed on a roof or on a cupola or similar roof-mounted structure or on top of a parapet or similar architectural element of a building.

No sign shall be more than 20 feet in height above the finished grade or the grade shown on a grading plan of a site plan approved by the Planning Board. Grading of a site for the purpose of raising the elevation of a sign contrary to this subsection is prohibited, except as shown in an approved site plan.

Each sign on a lot shall be set back a minimum of five feet from any lot line or right-of-way; no sign shall be permitted in a right-of-way.

Any illuminated sign or lighting device shall employ only lights of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent or moving light or lights. The provisions of this section shall not be applied so as to prohibit a sign changing to show time, temperature, or event or tour schedules.

Any off-lot sign is prohibited.

A projecting or freestanding sign projecting over a pedestrianway shall have a clearance of not less than 10 feet above the way or finished grade. Projecting signs shall not extend horizontally more than three feet from the plane of the building wall. The mounting device of such sign shall be permitted to extend an additional six inches. A projecting or freestanding sign shall not project over a road. No projecting or freestanding sign shall project over a drive, internal drive or parking area unless the sign has a clearance from finished grade of 15 feet.

A principal use sign on a lot containing a general, business or industrial use listed in § 525-20 may be illuminated.

A portable sign may be allowed only for a cumulative time period not to exceed 14 days, five times in any calendar year.

Wherever a service and community promotion sign is installed, its sign area shall not exceed the permitted sign area for a freestanding sign in the underlying zoning district in which it is located.

A construction sign shall be removed within 15 days of the completion of construction or the issuance of any certificate of occupancy or compliance, whichever occurs first.

A poster sign may be displayed 30 days prior to an event, show or election and shall be removed within 48 hours after the last day of the event, show or election.

Every directional sign shall not project more than six feet above the finished grade and shall not be located in such a manner as to violate any provisions of § 525-99.

When computing time restrictions for each temporary sign, any fraction of a week used shall be construed to be one full week.

A development plan shall show and detail design features for an internal drive and/or driveway sufficient to document compliance with the intent of this section and the Standard for Internal Drive and Driveway Construction in the Town of Southport.

A plan for an internal drive and/or driveway prepared by a design engineer may be required to fully support design considerations and/or to validate the mitigation of any traffic impacts associated with a development.

Height restrictions.

Location. A fence shall be constructed entirely within the boundaries of a lot.

Special provisions for fences in R1, R2, R3 and CN Zoning Districts:

Maintenance. All fences shall be maintained in a safe and proper manner.

Clear vision. Where the driveway meets the road and/or where one road intersects with another road, a hedge, fence, wall or other plantings shall not block the view or clear vision of a vehicle entering the road. It is the Town's intent to protect and preserve a clear vision area to maintain safe traffic flow and reduce potential conflicts with pedestrians and bicycle traffic.

Clear vision shall be maintained wherever a driveway meets the road right-of-way for a radius of five feet.

In any nonresidential use, the minimum clear vision distance shall be 35 feet from the center line of the right-of-way at a road intersection.

A development plan shall show and detail design features for a drive, internal drive and driveway sufficient to document compliance with the intent of this section and any standards for a clear vision zone in the Town of Southport that may be established.

A plan for a road, drive, internal drive or driveway prepared by a design engineer may be required to fully support design considerations for clear vision and adequate sight distance and/or to validate the mitigation of any traffic impacts associated with a development.

Each development proposal shall, in a plan, show all site work, cut and fill, erosion and drainage control measures and any proposed road, drive, internal drive and/or driveway cross sections. The detail of the plan shall be sufficient to determine if steep slopes exist on the proposed development site and the extent to which such steep slopes affect the proposed site work. The preparation of these plans by a design engineer may be required.

Constructing or grading development sites to be level, otherwise known as "padding," shall be permitted only when it can be clearly demonstrated, by exhibits presented in a site plan, that the final treatment of the site meets the requirements of this subsection.

Landscaping of areas around a structure, making such areas compatible with the natural terrain.

Shaping, grouping and placement of man-made structures to complement the natural landscape.

Minimizing removal of natural vegetation.

Arrangement of structures so they complement one another to promote visual interest.

Shaping of essential grades to conform to the existing contours and prohibit the appearance of successive padding, terracing or other similar forms of grading for a building site in steep slope areas.

Encouragement of split-level development sites.

Use of one-way roads when consistent with traffic safety, circulation needs, and natural topography. This guideline may allow for smaller road right-of-way, less cut and fill within a given area and a road network consistent with the natural terrain. A road shall be parallel with the hillside wherever possible and may require variable width of right-of-way. This shall not only provide the most-economical routing but shall also minimize the amount of grading required.

A development plan shall show and detail design features for a stormwater management system sufficient to document compliance with the intent of this section and Chapter 452.

A plan for a stormwater management system prepared by a design engineer may be required to fully support design considerations and/or to validate the mitigation of any stormwater impacts associated with a development.

Green infrastructure practices, such as bioswales, rain gardens, porous pavement, etc., are considered wherever practicable.

When an application for a building permit, highway work permit, variance and/or special permit includes a lot where water naturally collects, there are irregular and/or steep slopes, and/or, through prior knowledge, the Code Enforcement Officer determines that a significant impact associated with stormwater management and/or erosion is likely to occur as a result of a development, the application shall be referred to the Planning Board as a site plan application under Article VIII.

In any such instance, the COE and/or Planning Board has the right to refer such application to a professional engineer for review with regard to the requirements of Chapter 452 of this Code.

Such land shall be held in private or corporate ownership, maintained in perpetuity by an established organization or deeded to the Town.

The location of such land on a lot shall be determined with the following considerations:

A dimensional drawing showing boundaries of the park, playground and/or open space, its size in square feet, and the location and description of any equipment to be installed or buildings to be constructed in the park, playground and/or open space.

A maintenance plan for the area.

A detailed description of future ownership of the land for the park, playground and/or open space or a deed offering dedication of such land to the Town.

The details of the plan shall show how the entire area is to be graded, drained, and landscaped to make it a useful and attractive feature of the development.

In an alternative dwelling park and multiunit dwelling development: 900 square feet per dwelling unit.

When it is determined by the Planning Board in an alternative dwelling park or multiunit dwelling development that a park and/or playground is not practical due to the size, shape and/or the character of the development, the site plan shall be:

The information provided in the report received in accordance with § 525-102D(1) shall be utilized by the Planning Board to validate any impact associated with an alternative dwelling park or multiunit dwelling development on an existing public park and/or playground resource and to calculate a payment in lieu of park and/or playground land.

To calculate a required payment in lieu of park and/or playground land, multiply the required area in square feet of park and/or playground required in § 525-102C times the per-square-foot value of the land as determined by the Assessor [§ 525-102D(1)].

When the provisions of § 525-102D(1) are invoked, the payment in lieu of park and/or playground land shall be made to the Town prior to an approval of a preliminary site plan.

Areas, on a lot proposed for a development that requires a site plan in accordance with Article IV, § 525-20, that are determined to be of importance to the community based on their environmental setting, scenic view, historical or archaeological significance may be set aside and not be developed as a condition of site plan approval. Such a determination shall depend upon the magnitude and character of the development and the potential that the environmental setting, scenic view, historical or archaeological site would be irreparably lost if not preserved.

The Planning Board may consider these areas, when reserved for recreation purposes, in lieu of any portion of a park and/or playground required in § 525-102D(1).

Lands proposed for open space purposes shall be either held in private or corporate ownership and maintained in perpetuity by an established organization or may be deeded to the Town. The ownership of such land shall be determined in consideration of the following:

When it is determined by the Planning Board that open space is required, a detailed plan shall be provided with a preliminary site plan for the open space and at a minimum include:

Fumes, gases, dusts, particulate, odors, or any other atmospheric pollutant beyond the boundaries of the lot whereon an industrial use is located.

Excessive smoke or similar atmospheric pollutant beyond the boundaries of a lot on which the industrial use is located. Excessive smoke shall be determined according to the Ringelmann Scale for Grading the Density of Smoke, published by the United States Bureau of Mines. When the shade or appearance of such smoke is darker than No. 2 on said Ringelmann Smoke Chart, it is then excessive.

Noise levels greater than 55 decibels (db) measured at a boundary of a lot occupied by an industrial use.

A discharge of any industrial effluent into any watercourse, open ditch, or on a land surface, unless specifically permitted under the authority of the New York State Department of Environmental Conservation.

A discharge of any industrial effluent into a public sanitary sewer system, except in accordance with the rules of and under the control of public health authorities or the public body controlling such sewer system.

Open storage or stocking of any waste materials, unless specifically addressed in an approved site plan.

Glare or light levels in excess of the requirements set in § 525-117.

Vibration perceptible beyond the lot lines whereon such industrial use is conducted.

Any other nuisance, activity or action that may be harmful to a person or property.

Buffer and barrier shall be provided in accordance with § 525-111.

All portions of the lot proposed for industrial development and not occupied by structure, parking area, drive, internal drive, pedestrianways, or storage shall be landscaped with lawn, trees, shrubs, or other plant material in accordance with § 525-111.

Outdoor storage. Materials, supplies, or products shall not be stored in a front yard, and such storage located in the side or rear yard shall be screened in conformance with § 525-111.

Off-road loading and unloading berths. Off-road loading and unloading berths shall be provided in accordance with § 525-71 and the following minimum requirements:

Be designed by a design engineer;

Be designed not to route traffic directly through an R1 or R2 Zoning District on other than a primary road;

Be designed to access a road other than a Town road located within an R1 or R2 Zoning District; and

Have a design based on a traffic study that includes provisions for access for all vehicles expected or intended to use the site, unless specifically waived by the Planning Board in the site plan process.

The total height for a vertical axis rotor installation of a wind energy conversion system is the tower height plus 1/2 the rotor diameter, and for a horizontal rotor installation of a wind energy conversion system, is the distance from the base at finished grade to the top of the unit.

A wind energy conversion system setback shall be a distance that is the greater of either the total height of the wind energy conversion system or the required setback.

The maximum allowable total height for a wind energy conversion system shall be 100 feet unless otherwise restricted or prohibited by federal, state or local laws, rules, or regulations.

The minimum allowable height above finished grade at the lowest point of the arc of a rotor blade shall be 15 feet.

The foundation and supports for a wind energy conversion system shall be as designed by a design engineer.

At least one sign shall be posted at the base of the wind energy conversion system warning of high voltage.

Tower-climbing ladders, stairs or similar devices shall be no lower than 12 feet from the ground.

All wind energy conversion systems shall be installed with braking systems approved by the manufacturer.

All electric transmission lines serving the installation shall be installed underground.

No wind energy conversion system with guy wire support shall be permitted.

A business which has a primary function of wholesale or retail sale of goods or articles on a lot;

Any form of motor vehicle repair, including vehicle body work;

Motor vehicle sales;

Any small engine or appliance repair;

A veterinary hospital;

A kennel;

A bar and/or restaurant;

A cottage industry;

Body piercing and/or tattooing; and

Any use that, under the provisions of the New York State Uniform Fire Prevention and Building Code, is not permitted based on the type of construction or a use prohibited based on any other federal, state or local law, rule or regulation.

In a dwelling unit, the lesser of either 25% of the total habitable floor area or 500 square feet may be used for, or dedicated to, the use.

In an accessory structure, no more than 500 square feet may be dedicated to the use per available minimum lot size area in the AR Zoning District and overall in the R1, R2 and R3 Zoning Districts.

The use shall be conducted within the enclosed walls of a dwelling unit or accessory structure.

There shall be no external evidence of such use except for a sign installed in accordance with § 525-90. No stock, merchandise, packaging, equipment or displays related to the use shall be visible from outside the dwelling unit or accessory structure.

The dwelling unit in which the use is located shall not be altered or extended in a manner not customary or typical to a residential building to accommodate the use.

The use shall not result in or cause vehicular traffic volumes of greater than four cars per hour or otherwise create a nuisance to abutting lots.

The use shall not change the residential character of the adjoining lots.

Evidence of any certification and/or license that is required by the law for the specific occupation.

A business which has a primary function of wholesale or retail sale of goods or articles on a lot, except as provided in § 525-108B.

Any form of motor vehicle repair, including vehicle body work.

Motor vehicle sales.

A veterinary hospital, except such use may be permitted in the AR Zoning District.

A bar and/or restaurant.

Any use that, under the provisions of the New York State Uniform Fire Prevention and Building Code, is not permitted based on the type of construction or a use prohibited based on any other federal, state or local law, rule or regulation.

In a dwelling unit, the lesser of 30% of the total floor area or 750 square feet is to be used for or dedicated to the use.

No more than 1,500 square feet of an accessory structure is used for or dedicated to the use.

The use is to be conducted within the enclosed walls of the dwelling unit and/or accessory structure.

There is no external evidence of such use except for a sign installed in accordance with § 525-90. No stock, merchandise, packaging, equipment or displays related to the use are visible from outside the dwelling unit and/or accessory structure.

A dwelling unit in which the use is located is not altered or extended in a manner not customary to or typical of a residential building in order to accommodate the use. Construction and/or modification of an accessory structure to accommodate the use is permitted.

The use shall not result in or cause vehicular traffic volumes of greater than six cars per hour or otherwise create a nuisance to abutting properties.

A maximum of 10% of any area devoted to or used for the use may be for display and/or wholesale and retail sales.

In accordance with the site plan review process, more than one cottage industry and/or a combination of cottage industries and home occupations may be permitted if there is sufficient lot area to support each use.

The use shall remain compliant with all conditions of site plan approval.

The purpose of this section is to reasonably control the location, construction and maintenance of wireless telecommunications services facilities in order to encourage the siting of said facilities in nonresidential areas and to protect, to the maximum extent practicable, aesthetic impacts, the open space character of portions of the Town of Southport, the property values of the community, and the health and safety of citizens, while not unreasonably limiting competition among wireless telecommunications providers.

The purpose of this section is also to establish uniform policies and procedures for the deployment and installation of towers, wireless telecommunications services facilities, antennas, distributed antenna systems and small cell wireless telecommunications facilities (small cell facilities) in the Town of Southport, which will provide a public health, safety, and welfare benefit consistent with the preservation of the integrity, safe usage, and visual qualities in the Town.

Use. Except as provided hereinafter:

WTS facility application materials and supporting documents. The following information shall be submitted in support of an application for all WTS facilities requiring a special use permit no sooner than seven days, but no later than two days, before the Planning Board meeting at which applicants wish to have their application materials reviewed by the Planning Board. This information is required in addition to the information and documents mandated by the Code of the Town of Southport, pertaining to site plan review, special use permits or variances. [See Subsection C(3) below for the submission requirements applicable for small cell facilities which, pursuant to Subsection C(1)(b) above require a small cell facility permit rather than a special use permit.]

Small cell facility permit application materials and supporting documents. A small cell facility permit application shall require:

State Environmental Quality Review Act (SEQRA).

Planning Board review. All proposed WTS facilities shall be subject to Planning Board review and approval pursuant to this chapter. In addition to the requirements of this chapter, all proposed WTS facilities requiring a special use permit are subject to the applicable requirements and procedures of Article IX (Development Requirements), Article XV (special use permits), and Chapter 431 (Site Plan Review). Applications shall be reviewed and acted upon by the Planning Board within the time required by any applicable FCC shot clock rule.

Review process for WTS facilities requiring a special use permit.

Review process for small cell facility permits.

Collocation requirements.

The applicant shall submit to the Planning Board a letter of intent committing the applicant, and his/her successors in interest, to negotiate in good faith for shared use of the proposed communications tower or structure by other WTS providers in the future.

Communications towers shall be inspected every five years on behalf of the communications tower owner by a licensed professional engineer for structural integrity and continued compliance with these regulations.

A copy of such inspection report, including findings and conclusions, shall be submitted to the Town Code Enforcement Officer with the application for a license during the month of December every five years. This requirement shall be considered a condition to any special use permit, variance or any other permit or license required by this chapter.

Operators shall obtain Town licenses for each communications tower and/or antenna operated pursuant to this chapter no later than January 31 of the sixth year from the year in which the communications tower or antenna initially becomes operational, and every five years thereafter. The license fee shall be set from time to time by the Town Board.

The operator of any WTS facility sited within the Town of Southport shall submit certification every five years, signed by a New York State-licensed professional engineer, verifying such facility is in compliance with all applicable federal, state and local radio frequency radiation emission standards. Such certification shall be delivered to the Town Code Enforcement Officer with the application for a license during the month of December every five years. This requirement shall be considered a condition to any special use permit, variance or other permit or license required by this chapter.

Changes in technology. The performance of all WTS facilities shall be measured against current industry-wide technological standards, which may change from time to time.

Antenna safety. Antennas shall be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities. The owner shall submit evidence of compliance with the FCC general population exposure standard every five years, with the application for a license, as provided for elsewhere in this chapter. If new, more-restrictive, applicable standards are adopted, the antennas shall be made to comply, or the Town may restrict continued operations. The cost of verification of compliance shall be borne by the owner and operator of the communications tower.

Random testing. The Town of Southport, in its sole and reasonable discretion, reserves the right to randomly test any WTS facility at any time for FCC compliance, at the tower owner's expense.

Powering up. Once erected, the power output of any WTS facility or its antennas may not be increased without prior notice to the Town Code Enforcement Officer, which notice shall be accompanied by evidence of compliance with FCC requirements, and existing antennas may only be replaced with similar antennas, but in no event shall the new antennas emit higher levels of radio frequency (RF) radiations than the antennas being replaced.

Noncompliance.

Communications tower lighting. Communications towers shall be designed and sited to avoid the application of FAA lighting and painting requirements. Communications towers shall not be illuminated by artificial means and shall not display strobe lights unless the FAA or other federal or state authority for a particular communications tower specifically requires such lighting.

Signs and advertising on communications towers. The use of any portion of a communications tower for signs other than warning or equipment information signs is prohibited. Said signs shall not be larger than two square feet.

Existing on-site vegetation shall be preserved to the maximum extent practicable, and the applicant shall be required to comply with all applicable landscaping requirements for the district in which the proposed WTS facility is to be located.

The base of the communications tower and any accessory structures shall be landscaped and meet the required screening of the district. The equipment shed associated with the communications tower may be separated from the communications tower to maintain vegetation necessary to achieve maximum screening.

Communications towers and accessory structures shall be provided with Town-approved security fencing to prevent unauthorized entry.

Communications towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the FAA. Communications towers shall be a galvanized finish or painted grey above the surrounding tree line and painted grey, black or green below the surrounding tree lines. For communications towers on structures, every antenna and communications tower shall be of neutral colors that blend with the natural features, buildings and structures surrounding such antenna and structure; provided, however, that directional or panel antennas and omnidirectional or whip antennas located on the exterior of a building that will also serve as an antenna communications tower shall be of colors that match, and cause the antenna to blend with, the exterior of the building. Accessory structures will be designed to be architecturally compatible with principal structures on the site and adjoining sites. The applicant shall be responsible for the regular maintenance and upkeep of all said design elements.

The maximum height of a communications tower and antenna, collectively, is limited to 200 feet above the ground upon which it is placed.

The use of guyed communications towers is discouraged unless a demonstrated safety issue requires them. Communications towers should be self-supporting without the use of wires, cables, beams or other means. The preferred design should utilize a nonguyed monopole configuration, unless the applicant can demonstrate through reports by a licensed professional engineer that an open framework construction is the only feasible method that will allow the provider to provide service to the area to be served and that a nonguyed monopole will not allow for that service to be provided. In the event guys are allowed, all guy supports shall be sleeved and entirely fenced in to a height of eight feet above the finished grade. Permanent platforms or structures exclusive of antennas that serve to increase off-site visibility are prohibited.

For communications towers, a driveway and an appropriate parking area will be provided to ensure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. As an occasionally used facility, all pavements shall be grass block or porous material, to minimize runoff and preserve natural vegetation. Location of road cut shall be approved by the Planning Board and will comply with the DOT and Town requirements.

It shall be demonstrated to the satisfaction of the Planning Board that the proposed facility is set back adequately to prevent damage or injury resulting from ice fall or debris resulting from the failure of a wireless telecommunications facility, or any part thereof and to avoid and minimize all other impacts upon adjoining properties, including but not limited to noise, lighting, traffic and stormwater runoff.

A communications tower's setback requirement may be altered in the sole discretion of the Zoning Board of Appeals to allow the integration of a communications tower into an existing or proposed structure such as a church steeple, light pole, power line or similar structure.

Communications towers shall be set back from adjoining properties a distance equal to 150% of the communications tower height.

Communications towers and facilities shall avoid ridge lines where the communications tower will be silhouetted against the sky.

Communications towers and facilities shall be backdropped by existing trees and topography.

The applicant shall remove all abandoned or unused communications towers and associated facilities and subsurface features, within six months of the cessation of operations unless the Zoning Board of Appeals approves a time extension. If the applicant is not a landowner, a copy of the relevant portions of a signed lease which requires the applicant to remove the communications tower and associated facilities and subsurface features upon cessation of operations at the site shall be submitted at the time of application. In the event that a communications tower, associated facilities and subsurface features are not removed within six months of the cessation of operations at a site, the Town will utilize the funds held in the decommissioning bond required pursuant to Subsection C(2)(b)[16] to remove the communications tower and associated facilities and subsurface features.

Unused portions of communications towers above a manufactured connection shall be removed within six months of the time of antenna relocation. The replacement of portions of a communications tower previously removed requires the issuance of a new special use permit.

Minimum lot size, lot width and setback requirements:

Automobile parts, including tires, frames, hubcaps, and motors, and dismantled or unregistered motor vehicles are to be stored within a structure or otherwise screened from view from any adjoining lot or road. Accessory products that are offered for sale may be placed outside during normal business hours, provided that such items are stored or displayed in a rack.

All repair work shall be performed within a building. Vehicles waiting to be serviced or stored on the lot shall not be parked or stored in any required yard. Wrecked vehicles being held for insurance adjustment or other legal purpose shall be stored behind the rear wall of the building and screened from view from an adjoining lot or road.

Parking.

Visual separation/screening, including earth mounding, berm, and screen-planting techniques designed to separate, obscure or soften an incompatible view or use.

Visual setting, including ground cover and plant materials designed to stabilize the landform and provide an appropriate foreground or setting.

Physical separation, including a combination of plant and man-made materials or features designed to separate distinct land use types or activities.

Plant specifications. The planting specifications and guidelines for each buffer and landscape technique shall be determined by the Planning Board on a case-by-case basis. The Planning Board shall consider the number and types of plants required in a buffer yard based on the type of treatment it determines to be appropriate in accordance with Subsection B above. The number and type of plant materials shall be based on the proposed width of the yard: the wider the buffer yard, the less the plant materials required.

Minimum plant size. Unless otherwise specifically stated elsewhere in this chapter, all plant materials shall meet the following minimum size standards:

Plant material substitutions. The following plant material substitutions shall satisfy the requirements of this section:

All disturbed soil areas of the site shall be replanted or reseeded in an approved fashion.

No landscaping feature shall be erected, placed or maintained in such a manner as to interfere with clear vision and/or the safe movement of vehicular traffic.

A maximum of two driveways and curb cuts shall be permitted on each road frontage.

All drives shall be no less than 30 feet and no wider than 50 feet in width.

Drives shall be located a minimum of 40 feet from any road intersection and shall maintain a minimum of 50 feet between such driveways or curb cuts.

Driveways shall create minimal conflict with pedestrian access to the building from the parking lots and sidewalk abutting the property.

The number of parking spaces shall be as specified in § 525-72.

Parking lots shall be designed to provide pedestrian safety.

All drive-through lanes shall be distinctly marked and shall be separate from circulation lanes.

Drive-through lanes shall not cross any principal pedestrian access to the building or site.

Stacking or queuing-up requirements.

To preserve the character and the quality of life in the neighborhoods and business areas of the Town.

To control such documented harmful and adverse secondary effects of the adult uses on the surrounding areas which include decreased property values, attraction of transients, parking and traffic problems, increased crime, loss of business for surrounding businesses, and deterioration of neighborhoods.

To keep such uses out of areas where youth routinely assemble.

To maintain the general welfare and safety for the Town's residents.

Business or establishment.

A nightclub, bar, nonalcoholic or "juice" bar, restaurant or similar establishment which excludes persons under 18 years of age and which features:

A hotel, motel or similar establishment which provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic or digital reproductions which are characterized by the depiction or description of sexual activities or contact with sexual anatomical areas of human beings and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions or offers sleeping rooms for rent on a regular basis for a period of time which is less than 10 hours.

Located in an I Zoning District.

Spaced at least 1,000 feet from another adult use.

Spaced not less than 500 feet from the boundary of any R1, R2, R3, or CN Zoning District.

Spaced not less than 500 feet from any of the following:

Not conducted in any manner that permits the observation of the adult use or a picture or representation of the adult use from any road, drive, internal drive, driveway and/or pedestrianway or from any adjoining lot.

Complies with all other applicable provisions of this chapter and other applicable laws.

No front yard or side yard in any district shall be used for the storage of any vehicles or for the storage of any parts or equipment for making repairs to any kind of vehicles.

No front yard setback or side yard setback in any district shall be used for the storage of any travel trailers, recreational vehicles, boats or boat trailers or snowmobiles, ATVs and associated trailers.

All vehicle storage shall be within existing driveways and shall be in compliance with clear vision requirements at all times.

In any district, there shall be no outside storage of any unregistered, unlicensed or uninspected motor vehicles for a time period longer than 15 days in any calendar year.

In any district, except at a vehicle repair shop or vehicle salvage yard operated in compliance with Chapter 525, Attachment 1, the Use Regulation Table, there shall be no outside storage of any vehicle which due to a motor vehicle accident, motor vehicle fire, intentional damage, mechanical failure, or any other factor is not operable or could not pass New York State inspection.

The storage of recreational vehicles, travel trailers, or camping vehicles that are currently registered and inspected for highway use in New York State; or

Side-in truck campers that are maintained in a roadworthy condition and are stored in a safe manner in a level and upright position; or

Recreational vehicles, travel trailers, or camping vehicles that are seasonally used recreational vehicles as defined by Article II, § 525-5; and

The recreational vehicle is owned by the occupant of the property.

A trailerable boat, vessel, or personal watercraft is on a suitable trailer that is currently registered and inspected for highway use in New York State; or

A trailerable boat, vessel, or personal watercraft is on a suitable trailer, and the trailer is in a roadworthy condition, and the boat, vessel, or personal watercraft is in a seaworthy condition; and

The trailerable boat, vessel, or personal watercraft is owned by the occupant of the property.

A development plan shall show and detail design features for outdoor lighting sufficient to document compliance with the intent of this section and any Town-adopted engineering standards.

A plan for outdoor lighting prepared by a design engineer may be required to fully support design considerations and/or to validate the mitigation of any lighting impacts associated with a development.

Mercury vapor lights.

Any light source created by a laser or any similar high-intensity light is prohibited for outdoor lighting.

Searchlights.

Outdoor lighting shall comply with § 525-117.

An outdoor recreational use located within 500 feet of a lot line for any existing residential use shall schedule all events to end prior to 11:00 p.m.

The use of an outdoor public address system shall comply with § 525-119.

Where an outdoor recreational use abuts an existing residential use and is designed or intended to be operated or open for business anytime after 9:00 p.m., a buffer, in accordance with § 525-111, equal to the requirements for an industrial use shall be provided on the lot of the outdoor recreational use.

An outdoor recreational use shall provide for adequate and safe public restroom and/or toilet facilities in accordance with the requirements of the Chemung County Health Department, the New York State Department of Health and the New York State Uniform Fire Prevention and Building Code.

When temporary and/or portable restrooms are to be used to comply with this subsection, no less than four shall be provided.

Unless specifically authorized in an approved site plan, a use on a lot shall not produce a sound level that exceeds an average of 70 decibels (db) over any twenty-minute period from 8:00 a.m. to 10:00 p.m. and of 55 decibels (db) at all other times, measured at a lot line of the lot.

A sound level deemed by a public health authority to be a danger to the public-at-large in the vicinity of a use creating such sound shall be prohibited.

All construction equipment in use on a construction site shall be equipped with mufflers and used in such a manner as to control the creation of excessive noise.

An outdoor sound system located in either an R1, R2, or R3 Zoning District or in another zoning district within 1,000 feet of an R1, R2, or R3 Zoning District boundary shall not be operated at any time after 11:00 p.m. or earlier than 8:00 a.m., local time.

Sound levels of construction activities for a development pursuant to an approved site plan or building permit may exceed the limits established in § 525-119, provided that such sound does not occur in any of the following circumstances:

Specific sound levels in excess of the requirements of § 525-119B may be approved in a site plan.

A governmental use is not restricted by the requirements of this section.

Density requirements.

Dwelling unit density requirement.

Access requirements. A site plan for an alternative dwelling park shall include provisions for compliance with the following minimum access requirements:

Vehicular and pedestrian circulation requirements.

A road or drive located on a lot containing an alternative dwelling park and providing access to an individual dwelling unit lot within the alternative dwelling park shall be continuous and without end.

An internal drive located on a lot containing an alternative dwelling park and that exceeds 500 feet in length or provides access to more than five dwelling units shall be continuous and have two separate and distinct connections with a drive.

An internal drive located on a lot containing an alternative dwelling park and that is over 150 feet in length or provides access to more than three dwelling units shall be provided with a turnaround suitable for the expected vehicular traffic, including emergency vehicles.

A lot containing an alternative dwelling park shall have and maintain buffers, landscaping and barriers along the perimeter of the lot that comply with the same requirements as those for a business use set in § 525-111.

A lot containing an individual dwelling unit within an alternative dwelling park shall have and maintain buffers, landscaping and barriers along the perimeter of the lot that comply with the same requirements as those for a residential use set in § 525-111.

The Planning Board may, in an approved site plan, require greater buffer, landscape and barrier requirements to mitigate those impacts associated with an alternative dwelling park development on an adjoining lot.

An alternative dwelling park development site plan shall include design provisions for firefighting: These provisions may include:

A site plan application shall include a detailed plan for all fire-protection equipment to be provided in the alternative dwelling park development. This plan shall be prepared by a design engineer, and the equipment shall be designed, constructed, installed and maintained in accordance with all applicable standards of the New York State Uniform Fire Prevention and Building Code.

Prior to approval of any preliminary plan, the Planning Board shall receive from the applicant a written response to a review for the plan prescribed in Article VIII, § 525-57, by the Fire Department having jurisdiction for the lot proposed for an alternative dwelling park development.

A provision for either curbside pickup or central dumpster location within the alternative dwelling park.

The applicant shall include in a maintenance plan a procedure and responsibility for the policing of the area used for solid waste collection, which shall include provisions for cleaning up any solid waste improperly disposed of or otherwise scattered on the property.

An alternative dwelling park site plan shall include provisions for recreation parks, playgrounds and open space in accordance with § 525-102.

The Planning Board may consider certain ancillary recreational facilities in lieu of the recreation parks, playgrounds and open space. Such facilities shall be specifically approved by the Planning Board and shall be deemed to be and shall function as accessory structures and/or uses and as such comply with § 525-87. These recreational facilities shall be compatible with the residential character of the development and may include a:

An alternative dwelling park approved in a site plan shall be subject to an annual inspection by the Code Enforcement Officer to document compliance with this chapter, the conditions of site plan approval and the applicable provisions of the New York State Uniform Fire Prevention and Building Code prior to the issuance of a license.

An alternative dwelling park approved in a site plan shall be maintained in perpetuity, by the developer or any successors thereto, in such condition as intended by the approved site plan and in accordance with the provisions of such approval and any condition thereof.

It shall be a violation of this chapter to maintain an alternative dwelling park in noncompliance with this subsection.

On a lot containing an alternative dwelling park:

When permitted, such model dwelling units shall be included in any bulk and density calculation.

An approved site plan shall include the design and construction specifications for all utilities, including electric, telephone, gas or other fuel source, water, sewer, and television, required to service the alternative dwelling park and each individual dwelling site. Such plans shall comply with the provisions of § 525-103.

Television service to the alternative dwelling park shall be provided as a consolidated system for the entire site. No individual antennas shall be permitted on dwelling unit sites.

Density requirements.

Accessory building and use requirements.

Individual dwelling unit site access. An individual dwelling unit site shall be provided with driveway access from a drive or internal drive, and such driveway shall comply with the applicable provisions of the Town of Southport Driveway Standards.

Dwelling unit installation requirements.

Minimum lot size: five acres.

Minimum lot width: 250 feet.

Landscaping requirements.

Buffer requirements.

Parking requirements.

Outdoor sound or public-address system requirements. Unless specifically approved in a site plan, an outdoor sound or public-address system is not permitted for a flea market.

Sanitary facility requirement.

Other requirements.

A minimum lot size of 25 acres is required for an airport and heliport.

To the greatest extent possible, a runway shall be aligned and located so that the flight path, as measured for a distance of 1,000 feet from the end of the runway, does not align directly over any existing residence or other occupied building other than those used in support of the airport or heliport use.

Landscaping requirements.

Buffer requirements.

Barrier requirements. Any material incidental to the airport or heliport use, including trash, boxes, aircraft parts and other materials, stored outside a building shall be:

Minimum lot size: 25 acres.

Minimum lot width: 1,000 feet.

Landscaping requirements.

Buffer requirements.

Barrier requirements. Any material incidental to the rod and gun club use, including trash, boxes, and other materials, stored outside a building shall be:

No on-road parking is permitted.

Parking spaces and aisles shall be adequately delineated and separated from the vendor areas to ensure safe circulation.

A parking area shall meet the requirements of the Americans with Disabilities Act (ADA) and the applicable provisions of § 525-71.

A rod and gun club shall provide adequate and safe public restroom and/or toilet facilities in accordance with the requirements of the New York State Department of Health and the New York State Uniform Fire Prevention and Building Code.

When temporary and/or portable restrooms are to be used to comply with this subsection, no fewer less than four shall be provided.

No overnight camping or occupancy shall be permitted.

An arresting berm or backstop shall be incorporated in any site plan application if target practice is proposed.

Permitted fuel. Only firewood and untreated lumber as defined herein are permitted to be burned in any outdoor furnace. The burning of any other materials in an outdoor wood-burning furnace is prohibited.

Minimum lot size. Outdoor wood-burning furnaces shall only be permitted on lots of four acres or more within the zoning districts as specified in § 525-125D above.

Minimum setbacks. Outdoor wood-burning furnaces shall be set back not less than 200 feet from a lot line.

Emissions from the outdoor wood-burning furnace that contain malodorous air contaminants that are detectable outside of the property boundaries on which the outdoor wood-burning furnace is located;

Emissions from the outdoor wood-burning furnace that interfere with the reasonable enjoyment of life and property;

Emissions from the outdoor wood-burning furnace that cause damage to vegetation or property; or

Emissions from the outdoor wood-burning furnace that are or may be harmful to human or animal health.

A vegetative buffer shall be required for all development activities that occur in proximity to perennial streams with additional considerations for wetlands and steep slopes. Protection shall be divided into a riparian buffer and a setback area that protects overall water quality by limiting development in accordance with the adjacent land's ability to filter sediment, nutrients and other pollutants. This protection will provide stability to the stream and streambank. The minimum total setback width for all perennial streams combined is 100 feet. There is no established maximum setback width.

Applicable riparian buffer and setback areas shall be delineated on all site plans, special use permit, and variance applications. This delineation shall be subject to review and approval by the appropriate board or officer. Prior to any soil-disturbing activity, the riparian buffer and setback area shall be clearly delineated on site and shall be undisturbed until the project is complete.

The riparian buffer will begin at the top of the stream bank and extend a minimum of 50 feet horizontally measured in a direction directly perpendicular to the stream bank in a horizontal plane. This area will utilize the restrictions accorded to the riparian buffer.

Development and use are restricted to the following, the entirety of which may not modify or interrupt more than 10% of the entire riparian buffer unless necessary for the protection of human health, utility usage, public infrastructure, or the betterment of the riparian corridor:

The setback area will begin at the outward edge of the riparian buffer and provide a minimum width of 50 feet. This area will utilize the restrictions accorded to the setback area.

Within the setback area, development uses are restricted to the following:

Storage or placement of any hazardous materials. All sewage systems, both drainfields and raised systems and replacement of existing wells, must adhere to a one-hundred-foot buffer from perennial streams.

Waste storage and disposal, including, but not limited to, disposal and dumping of snow and ice, recyclable materials, manure, hazardous or noxious chemicals, used automobiles or appliance structures, and other abandoned materials.

No combination of allowed or exempt activities may compromise or alter more than 10% of the total riparian buffer and setback area that lies within a tax parcel.

Public water supply wells must be set back more than 200 feet from top of stream bank; private wells are not allowed in the riparian buffer.

Mining or removal of soil, sand and gravel, and quarrying of raw materials.

Dredging, deepening, widening, straightening or any such alteration of the beds and banks of natural streams, except where the New York State Department of Environmental Conservation has issued a permit expressly allowing such activities on the parcel.

Parking of motorized vehicles.

There shall be only one temporary storage unit per residential lot and no more than three temporary storage units per nonresidential lot.

A temporary storage unit shall not exceed eight feet in width, 16 feet in length, and 8.5 feet in height in R1, R2, R3 and CN Districts and shall not exceed eight feet in width, 40 feet in length and 8.5 feet in height in AR, CR, I and C Districts.

All temporary storage units must comply with the setbacks for the district in which they are located.

The storage of toxic or hazardous material is prohibited.

A temporary storage unit shall be located on an impervious surface, if available.

A temporary storage unit shall not be located on a street, right-of-way, or sidewalk, nor in a location that blocks or interferes with vehicular and/or pedestrian circulation, and shall comply with all regulations for the purpose of ensuring safe ingress and egress to dwellings, access to utility shut-off valves, and for fire protection.

If a temporary storage unit is located on the lot for a period exceeding 30 days, the owner or developer shall obtain a building permit unless otherwise permitted. The building permit may be issued for a period not to exceed three months and may be extended one time for not more than one month.

All such temporary storage units shall be removed or discontinued within 10 days after the expiration of the permit.

There shall be no more than one temporary bulk waste container on a residential lot and no more than three temporary bulk waste containers on a nonresidential lot.

A temporary bulk waste container shall not be used to dispose of toxic or hazardous material.

A temporary bulk waste container shall be located only on the lot on which active construction is taking place.

A temporary bulk waste container shall not be located on a street, right of way, or sidewalk, or in a location that blocks or interferes with vehicular and/or pedestrian circulation, and shall comply with all regulations for the purpose of ensuring safe ingress and egress to dwellings, access to utility shut-off valves, and for fire protection.

A temporary bulk waste container shall have a minimum setback of five feet from any property line.

A temporary bulk waste container shall be limited to use for construction of the project at the site of such construction and shall be removed from the site within seven days of the end of active construction.

If a temporary bulk waste container is located on the lot for a period exceeding 60 days, the owner or developer shall obtain a building permit, unless otherwise permitted.

Concerts and/or live outdoor music performances, except that live outdoor music performances may be allowed in the AR district if included in an events center management plan approved by the Planning Board pursuant to the requirements of this section.

Overnight lodging or camping.

Drive-in movie theater.

Wine or beer tasting facility. A wine or beer tasting facility does not include the service of alcoholic beverages incidental to an approved events center use.

Any other use, as determined by the Code Enforcement Officer, that does not constitute an events center use.

A minimum lot size of three acres is required for an events center.

A minimum buffer of 50 feet in width shall be maintained between an events center use and the lot line of an adjoining lot containing a residential use, and a minimum buffer of 50 feet in width shall be maintained between an events center use and the lot line of all other adjoining lots. Appropriate landscaping shall be included within the buffer. No structure, vendor, storage area, sanitary or toilet facility, or parking area shall be permitted within this buffer.

Garbage and rubbish.

Noise and sound requirements.

Operating hours of the events center shall be limited to the hours between 8:00 a.m. and 10:00 p.m. For purposes of this section, all events must terminate by 10:00 p.m., meaning all food, drinks, service and entertainment must end by 10:00 p.m. It is understood that attendees and servers and their vehicles shall have a reasonable amount of time thereafter to vacate the premises; provided, however, that all attendees and servers and their vehicles shall have vacated the premises and the events center's lighting shall be extinguished by no later than 11:00 p.m., except for lighting ordinarily used for:

Parking.

Sanitary facility requirement.

Lighting.

Signage. Signs shall comply with §§ 525-90 through 525-96.

Tents. There shall be no more than a total of 200 square feet of space under a tent or tents associated with an events center use, unless additional square footage is approved in a site plan.

A special use permit for an events center shall not be transferable. The provisions of § 525-159B providing for the transfer of special use permits to successive property owners shall not apply to special use permits for events center uses.

Special use permit conditions. Each special use permit for an events center shall include, but shall not be limited to, conditions providing the following: